G.R. No. L-499; March 20, 1948
TOMAS GARCIA, et al. vs. LUCIA DINERO and THE DIRECTOR OF LANDS

FACTS

A parcel of land was registered under a possessory information in 1901 in the name of Angelo Aguilan. Upon his death, his heirs assigned it to his daughter, Francisca Aguilan. In 1930, Francisca and her husband Tomas Garcia sold the land to spouses Cosme Dinero and Dionisia Villanueva with a right to repurchase. After Cosme Dinero’s death, his heirs (Dionisia and daughter Lucia Dinero) consolidated ownership and registered the deed. In 1936, Lucia Dinero applied for and was granted a free patent over the land. Meanwhile, in 1937, Lucia and her mother resold the land back to Tomas Garcia and Francisca Aguilan, who later transferred and repurchased it. The trial court declared the free patent null and void.

ISSUE

1. Whether the land is private or public property.
2. Whether the resale of the land in 1937 is valid.

RULING

1. The land is private property. The possessory information registered in 1901 is prima facie proof of ownership by Angelo Aguilan. The subsequent issuance of a free patent did not convert the land into public domain, as the Public Land Law applies only to lands of the public domain. The Director of Lands has no authority to grant a patent for land already under private ownership, making Free Patent No. 2540 null and void.
2. The resale in 1937 is valid. Since the free patent is a nullity, the prohibition under section 118 of Commonwealth Act No. 141 (alienation within five years from patent issuance) does not apply. The appealed judgment is affirmed.

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